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Ontario City Zoning Code

ARTICLE XVIII

Nonconforming Uses and structures

§ 150-66 Continuance.

Every structure or use not conforming to the regulations of the district in which it is located at the time of adoption of this chapter shall be a nonconforming structure or use. Any such nonconforming structure or use may be continued subsequent to adoption of this chapter, but no structure may be enlarged or altered in a way that increases its nonconformity, and no use shall be enlarged or increased to occupy a greater area of land.

§ 150-67 Transfer of rights.

Nonconforming structure and/or use rights, subject to the provisions of this Article XVIII, remain with the land when title is transferred.

§ 150-68 Existing nonconforming mobile homes.

Any mobile home that is so situated as not to conform to the terms of this chapter shall not be replaced on its site by any other nonconforming mobile home.

§ 150-69 Changes to other nonconforming uses.

A nonconforming use may not be changed to another nonconforming use.

§ 150-70 Reconstruction and/or alteration.

A nonconforming structure or a structure associated with a nonconforming use may be reconstructed or altered during its life to an extent of an aggregate cost of 50% of the assessed value of such structure, provided that no extension or enlargement of the nonconformity results.

§ 150-71 Termination of nonconforming structure or use.

A. 
A nonconforming structure or use is terminated and may not then be altered, rebuilt or resumed except in conformity with the regulations for the district in which it is located if:
(1) 
It has been changed to a conforming structure or use;
(2) 
A nonconforming use has been abandoned for any length of time without an intent to be resumed;
(3) 
A nonconforming use has been discontinued for any reason for a consecutive period of six months or for 18 months during any three-year period; or
(4) 
A nonconforming structure or a structure associated with a nonconforming use has been destroyed by any means to the extent of 75% or more of either its value or its bulk.
B. 
Subsection A(4) shall not apply to single-family homes in a Rural Residential, Suburban Residential, Urban Residential, Business or Business Transitional District.

§ 150-72 Maintenance and repair.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure declared unsafe by the Code Enforcement Officer unless such restoration will violate § 150-71A(4) above.

§ 150-73 Previously prepared plans.

Nothing contained in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit was issued more than 30 days prior to the adoption of this chapter and the construction of which is begun within three months after such adoption and thereafter diligently carried on.

§ 150-74 District changes.

Whenever an area is transferred from a district of one classification to a district of a different classification, the above regulations shall apply to nonconforming uses created by such transfer.